Credit: STOCKSTUDIO/Adobe Stock Iowa High Court Weighs In on Retainer Agreement Dispute Between Attorney and Expert Witness
The Iowa Supreme Court panel turned back a doctor's attempt to dismiss a lawsuit from a lawyer who allegedly paid him a retainer for expert witness services he didn't ultimately provide.
December 21, 2023 at 06:33 PM
5 minute read
In a contract dispute between an attorney and a potential expert witness, the Iowa Supreme Court sided with the attorney, ruling the exercise of personal jurisdiction over the witness was constitutional.
Attorney Marc Harding had engaged Dr. Rick Sasso to serve as an expert witness and provide testimony in a potential suit, providing Sasso with a $10,000 retainer. However, after sharing his belief that the potential defendants hadn't breached the standard of care in Harding's client's potential suit, Sasso told Harding he would be keeping the retainer. Looking to recover the $10,000, Harding filed suit, which Sasso moved to dismiss for want of personal jurisdiction over him.
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